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Home My WebLink About971128.tiffRESOLUTION RE: APPROVE CONTRACT FOR INMATE INTENSIVE SUPERVISION PROGRAM SERVICES BETWEEN COMMUNITY CORRECTIONS BOARD AND COLORADO DEPARTMENT OF CORRECTIONS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for Inmate Intensive Supervision Program Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and the Colorado Department of Corrections, commencing July 1, 1997, and ending June 30, 1998, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Inmate Intensive Supervision Program Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Community Corrections Board, and the Colorado Department of Corrections be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 1997. De APPRFORM: ty A ": r ey &d, (1A2g/yC'oireckr571' ) BOARD OF COUNTY COMMISSIONERS WELD,CQUNTY, COLORADO George E. Baxter, Chair stance L. Harbeyt, ro-Tem d4 Dale K. Hallir )7', .4_ it_ic 4,,b arbara J. Kirkmeyer ) ' //); W. H. Webster 971128 DA0002 AGENCY CAA Contract Routing Number 98-01052 CONTRACT THIS CONTRACT, made this first day of July. 1997 by and between the State of Colorado for the use and benefit of the Department of Corrections. 2862 South Circle Drive. Suite 400. Colorado Springs. CO 80906-4122, hereinafter respectively referred to as the DOC or the State, and Board of Commissioners of Weld County on behalf of the Weld County Community Corrections Board P.O. Box 758. Greeley. CO 80632 hereinafter referred to as the Contractor or the County. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance hereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number CAA98-01052 in Fund Number 10O Appropriation Account C28 and Organization 8303: and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, Contracts between the State and its political subdivisions are exempt from the procurement process, pursuant to C.R.S. 24-101-105(1): and whereas the county has been deemed capable of providing the services herein described: and WHEREAS, the Contractor is authorized to enter into agreements with the State as a result of the statutory reference, resolution or ordinance attached, marked as Exhibit "D" and incorporated herein by reference. WHEREAS, the State is authorized by Articles 27 and 27.5, Title 17, C.R.S., as amended, to administer and execute Contracts with units of local government, corrections boards, or nongovernmental agencies for the provision of community corrections inmate intensive supervision services and programs as defined pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended. NOW THEREFORE, the parties hereby agree: 1. THE STATE SHALL: A. Payment for Services. 1) During the period of the Contract, upon receipt of proper billing from the Contractor Page 1 of 12 9'7.129 as provided in paragraph 2.K. herein, payment shall be made up to a maximum total payment of: $235.00 per month for non-residential ISP transition Baseline Services as specified in Exhibit "A" and incorporated herein by reference. $285.00 per month per inmate for non residential ISP transition Full Services as specified in Exhibit "A"and incorporated herein by reference. $100.00 in addition to base or full service, per month, per inmate for non residential ISP transition Remediation Services as specified in Exhibit "A" and incorporated herein by reference. $125.00 in addition to base or full service, per month, per inmate for non residential ISP transition Specialized Services, as specified in Exhibit "A" and incorporated herein by reference. 2) Payment pursuant to this Contract shall be made as earned, in whole or in part, from available State funds encumbered in an amount not to exceed $39,600 for the purchase of community corrections inmate intensive supervision program services for all Contractors, subject to the line item and per diem expenditure limitations in Paragraph 1.A.1. It is further understood and agreed that the maximum amount of State funds available for fiscal year 1997-98 for the purchase of community corrections inmate intensive supervision program services is in the amount of $39,600. Total liability of the State, at any time, for such payments shall be limited to the unencumbered amount remaining of such funds. The State shall exercise its option to annually renew the Contract by delivering to the Contractor a notice of renewal in the form of Exhibit B, attached and incorporated herein for reference, which shall be provided to the Contractor for the next ensuing renewal year by May 1. 3) The State may prospectively order an increase or decrease in the amount payable and the corresponding levels of service under this Contract through a "Change Order Letter", approved by the State Controller or his designee, in the form attached, marked as Exhibit "E" and incorporated herein by reference, subject to the following conditions: a) The Change Order Letter ("Letter") shall include the following: 1) Identification of Contract by Contract number and affected paragraph number(s); 2) Types of service or programs increased or decreased and the new level of each service or program; Page 2 of 12 371128 3) Amount of the increase or decrease in level of funding for each service or program and the total; 4) Intended effective date of the funding change; 5) A provision stating that the Change shall not be valid until approved by the State Controller or such assistant as he may designate. b) Upon proper execution and approval, such Letter shall become an amendment to this Contract and, except for the Special Provisions of the Contract, the Letter shall supersede the Contract in the event of a conflict between the two. It is understood and agreed that the Letter may be used only for increased or decreased funding, and corresponding adjustments to service levels and any budget line items. c) If the Contractor agrees to and accepts the change, the Contractor shall execute and return the Letter to the State by the effective date indicated in the Letter. In the event the Contractor does not accept the change, or fails to timely return the executed Letter, the State may, upon notice to Contractor, terminate this Contract effective at any time after twenty (20) days following the return deadline specified in the Letter. Such notice shall specify the effective date of termination. In the event of termination, the parties shall not be relieved of their obligations up to the effective date of termination. d) Increases or decreases in the level of Contractual funding made through the Letter process during the term of this Contract may be made under the following circumstances: 1) Adjustments to reflect current year expenditures; 2) Supplemental appropriations resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this program; 3) Closure of programs and/or termination of related Contracts; 4) Delay or difficulty in implementing new programs or services; and 5) Other special circumstances as deemed appropriate by the State. 4) The Contractor shall not be paid for the first day of an offender's participation in a program, but shall be compensated for the last day of an offender's participation. The day an offender transfers from Residential to Non -Residential status, the Contractor shall be paid the residential daily rate, but shall not be compensated for non- residential expenses. The day an offender transfers from Non -Residential to Page 3 of 12 Residential status, the Contractor shall be paid for non-residential expenses, but shall not be compensated for the residential daily rate. The community corrections board, or the unit of local government that established the board, may use up to two percent (2%) of the total ISP non-residential allocation for administrative purposes. The board or unit of local government will administer Contracts with approved service providers and administer payments to subcontractors for two percent (2%) of the funds. Boards shall keep financial records documenting the receipt and expenditures for all administrative funds. Such records shall be maintained for a period of five (5) years following the Contract period. 6) Funds allocated in this Contract are for services rendered during the current Contract period and cannot be used to pay for intensive supervision services provided in prior or future fiscal years. 7) Any unexpended funds allocated to the Contractor by this Contract shall be reverted to the State no later than September 1, 1998. B. Subcontracts. Contractor may subcontract for intensive supervision services with any private agency or unit of local government for the purpose of rendering services to inmates providing, however, that any subcontracts shall comply with the terms and provisions of this Contract and all applicable sections of Articles 27 and 27.5, Title 17, C.R.S., as amended. Copies of any subcontracts shall be provided to the State by October 1, 1997, or within thirty (30) days following the addition or replacement of a new subcontractor. No payment shall be authorized unless the appropriate subcontract has been executed and the services specified in the approved subcontract have actually been provided. Any reference in this agreement to "Contractor" shall also apply to its subcontractors providing services pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended. C. Payment for Travel. Reimburse the Contractor at the rate of $.24 per mile for travel, when such travel is requested by the Department of Corrections (DOC) or approved by the State for the purpose of transporting offenders. The Contractor agrees that any and all travel to DOC correctional facilities shall be coordinated by DOC prior to the Contractor being reimbursed. The Contractor shall provide the State with travel reports setting forth the date of travel, mileage, destination and offenders transported. D. Noncompliance. Withhold funds when the State determines that the programs or facilities of the Contractor are not in compliance with this Contract. Overpayments made by the State, in the event of non-compliance, shall be recoverable by the State from the Contractor through deductions from future payments or recovered through legal proceedings. E. Limitation of Payments and Liabilities. Not assume liability for any deficiency that the Contractor may incur in the operation of its program nor for any debts or expenditures Page 4 of 12 incurred by the Contractor for ensuing fiscal years when funds for that purpose have not been appropriated or budgeted. 2. THE CONTRACTOR SHALL: A. Approval. Provide community corrections inmate intensive supervision services through programs approved by the local community corrections board in their jurisdiction and operate pursuant to Articles 27 and 27.5, Title 17, C.R.S., as amended. B. Description of Services. Provide such baseline, full, remediation, and specialized monthly services as specified in Exhibit "A" and incorporated herein by reference, for the provision of services to ISP transition inmates. C. Standards. Meet, maintain, and comply with all applicable guidelines or standards as provided in Articles 27 and 27.5, Title 17, C.R.S., as amended, and the "Colorado Community Corrections Standards", attached, marked as Exhibit "F" and incorporated herein by reference. Non-compliance with standards may result in reduction of compensation rates as specified in paragraph 1.A.1; cessation of offender placements in the program; implementation of a competitive bid process, coordinated with the local community corrections board, to consider alternate program providers; or cancellation of the Contract. D. Immigration Reform Control Act. Comply with all federal and state laws, including the Immigration Reform Control Act in all hiring practices. E. Americans with Disabilities Act. Comply with all applicable titles of the Americans with Disabilities Act (Public Law 101.336) and submit documentation as required by the State to demonstrate compliance with this Act. F. Client Files. Maintain individual files as required by DOC for each offender participating in the Contractor's program. While in the possession of the Contractor, the individual files shall be maintained in a secure area, in a locked file cabinet or safe. Such files and criminal history records shall be maintained and disseminated pursuant to Section 24-72-202-204, C.R.S., and Section 24-72-301-308, C.R.S.; and in compliance with Title 28 of the Code of Federal Regulations. G. Reports. Provide timely, prompt, and accurate reports as are or may be required by the State during the period of the Contract, which includes but is not limited to statistical reports, and referral and caseload data and other records documenting the types of services provided and the identity of the individual offenders receiving such services. H. Review and Inspection. Make both fiscal and program files available within three (3) working days for review and inspection by the State to assure that the Contractor is providing the services and financial records required by this Contract. Page 5 of 12 971123 Absence Due to Arrest. Notify DOC immediately if they know an inmate has been arrested and/or is in the custody of federal, state, or local authorities. If the Contractor has requested and received prior written permission from DOC, the State shall compensate the Contractor at full rate for the day the offender is arrested, and at 50% of the regular per diem rate for up to seven (7) days for maintaining the availability of a position during the offender's absence. J. Additional Services. Obtain prior written approval from the State before providing any additional billable services or evaluations not provided for by the terms and conditions of this Contract. If services are provided by the Contractor which exceed the maximum total payment as described in Paragraph 1.A.1., the State is not liable for reimbursement. Should additional funding become available, the State may, at its own discretion, choose to reimburse beyond the amount specified in Paragraph 1.A.1. K. Method of Billing. Bill the State for services provided on such forms and in such manner as the State may require. Billings shall be submitted on the Monthly Expenditure Summary available at the Division of Community Corrections, a sample form is attached, marked as Exhibit "C" and incorporated herein by reference. In order for the billing to be accepted by the State, the signatures of the appropriate Community Corrections Agent confirming the accuracy of the billing and the Community Corrections Supervisor approving the billing for payment is required. Summary billings shall be submitted to the State within thirty (30) days following the end of each month, with all subcontractor billings attached. The Contractor shall report the total costs of its program to the State within five (5) days after the end of the fiscal year. The State may require the Contractor to provide an estimate of final year-end expenditures anytime within sixty (60) days prior to the end of the fiscal year. L. Reimbursement by Client. Inmates in non-residential placement may be charged an amount that averages $1 per day. Any charges to offenders in excess of this limit must be approved in advance by the State and the local community corrections board. The Contractor must provide a description of such additional fees, including rates, services or products purchased, and program policies and procedures related to collecting and record keeping to the State, the local community corrections board, and the referring agency. M. Inspections. Allow DOC and /or other State agency employees to inspect, with or without notice, the facilities, records, and services provided by the Contractor to determine compliance with this Contract. N. Insurance. Maintain in full force and effect adequate liability insurance coverage with an insurance company licensed and authorized to transact business within the State of Colorado in the following amounts: Page 6 of 12 9 X.1.29 1) Comprehensive General Public Liability and Property Damage Insurance: Limit of Liability $500,000. Combined Single Limit for Bodily Injury and Property Damage. 2) Comprehensive Auto Liability and Property Damage Insurance: Limit of Liability $500,000. Combined Single Limit for Bodily Injury and Property Damage. The Contractor shall furnish the State with written certification of such liability and property damage insurance policy(s) prior to the effective date of the Contract, and must notify the State when insurance is canceled by either the insured or the underwriter thirty (30) days prior to the cancellation and must obtain new insurance coverage prior to the effective date of the cancellation. Non -owned automobile liability coverage in the same amounts is required if staff use their own automobiles for business purposes. If offenders are not transported by the program, a statement from the authorized official shall certify that offenders are not transported by program staff or agents and such statement shall be attached to Exhibit "C". The Contractor shall maintain in full force and effect Standard Workman's Compensation and Employer's Liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State statutes. If workman's compensation insurance is carried by the State Compensation Insurance Fund, evidence of such coverage shall be submitted on the Certificate of Insurance Form; if by private carrier, on Certificate of Insurance, State Form SC -6.222. The Contractor's liability insurance must establish the State of Colorado as "additional insured". The Contractor shall attach a copy of the "Additional Insured" endorsement, establishing such additional insured status. No payments will be made until this additional insured endorsement is received. If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq. C.R.S., as amended ("Act"), the Contractor shall maintain such insurance, by commercial policy or self-insurance, as is necessary to meet Contractor's liabilities under the Act. If permitted by the Contractor's insurance policy, the State shall be named an additional insured and proof thereof provided to the State, as provided in this paragraph for additional insured endorsements. Proof of such insurance shall be provided as set forth in this paragraph 2.N. for other types of insurance. A community corrections board shall not be considered a "public entity" for purposes of this sub -paragraph unless covered by the insurance of the local government(s) which created such board. The Contractor shall attach proof of adequate insurance coverage, marked as Exhibit "G" and incorporated herein by reference, in compliance with paragraph 2.N, herein. O. Record Retention. Retain all books, records, and other documents of any part pertaining to this agreement for five (5) years after final payment, and allow any person duly authorized Page 7 of 12 in writing by the State to have full access to and a right to examine and copy any of the above materials during such period. P. Confidentiality of Records. Comply with all laws regarding confidentiality of offenders' records. Any request for information, including but not limited to offenders' records, shall be referred by the Contractor to DOC. Q. Drug Tests. Perform periodic chemical tests as defined in the "Colorado Community Corrections Standards" at times that cannot be predicted by the offender to determine the use of drugs by inmates in the Contractor's non-residential program. R. State and Local Regulations. Comply with all state and local health, safety, fire, building and zoning requirements. S. Fiscal -Accounting of Clients. Maintain an accurate fiscal accounting of the earnings of all offenders assigned to their program or facility including, but not limited to: gross earning, net earning, federal, state and local taxes paid, amount of restitution agreed to and paid, savings account, subsistence charged and collected, and any other outstanding financial obligations. T. Information Provided. Provide information upon request to the appropriate DOC staff and the Division of Community Corrections agents regarding the activities and adjustment of offenders assigned to their program. Collect, maintain and make available to DOC staff and the Division of Community Corrections agent ongoing data regarding employment, alcohol abuse, drug abuse, psychological problems and treatment, vocational or educational needs and services, re -arrest or other criminal activity, and restitution. U. Fiscal Audit. Provide a complete independent fiscal audit for the Contract period and deliver such audit to the State upon request. Such requirement may be waived, all or in part, by the State. 3. MUTUAL PROVISIONS: A. Effective Dates. The period of this Contract shall be from July 1, 1997, through June 30, 1998. B. Assignment. The rights and duties arising under this Contract shall not be assigned or delegated without the prior written consent of the State. C. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL Page 8 of 12 BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REOUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED. TO BIND THE STATE TO ANY AGREEMENT, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR. ITS EMPLOYEES AND AGENTS. D. Termination. This Contract may be terminated by either party by giving thirty (30) days notice in writing, delivered by certified mail, return receipt requested, to the other party at the above address, or delivered by personal services upon the party. If notice is so given, this Contract shall terminate on the expiration of the thirty (30) days, and the liability of the parties hereunder for the further performance of the terms of this Contract shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligation up to the date of termination. Upon receipt of notice of termination for convenience, the Contractor shall incur no further obligations in connection with the Contract. The Contractor will be reimbursed for reasonable costs allocable to the Contract performance. E. Modification. This Contract consists of this document and the following exhibits. In the event there are any inconsistencies, ambiguities or omissions between this document and the following exhibits, this document shall govern over the provisions of the listed exhibits. 1. Exhibit A - FY 1996-97 Intensive Supervision Program (ISP) Description of Services and Costs. 2. Exhibit B - Letter of Renewal. 3. Exhibit C - Inmate Intensive Supervision Program (ISP) Services Monthly Expenditures Summary. 4. Exhibit D - Resolution, ordinance or statute authorizing the Contractor to enter into an agreement with the State to provide community correction services. 5. Exhibit E - Change Order Letter. Page 9 of 12 9711.23 6. Exhibit F - Colorado Community Corrections Standards (CCCS) consisting of the following: CCCS, Residential Services, Revised, Contract Edition, 1992. CCCS, Non -Residential Services, July 1, 1991. 7. Exhibit G - Certificate of Insurance for each Contractor/subcontractor. This Contract is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written Contract executed and approved pursuant to the State of Colorado fiscal rules. F. Breach. A breach of this Contract shall not be deemed to be a waiver of any subsequent breach or default of the Contract. G. Third -Party Beneficiary. The enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person, with the exception of community corrections boards authorized to administer local programs; otherwise, it is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. H. Notice. Any notice provided for in this Contract shall be in writing and served by personal delivery or by registered or certified mail, return receipt requested and postage prepaid, at the addresses listed below under the signature of each party to this Contract, until such time as written notice of a change of address is given to the said parties. I. No Other Obligation of Contractor. This Contract does not obligate the Contractor to provide any facilities, services or programs beyond those which the Contractor is reimbursed under this Contract. Page 10 of 12 SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND. REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned, upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provcndor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment In the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs. expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. Thc contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, " 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees arc treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color. sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6 -AC -02B Revised 1/93 395-53-01-1022 page 1L of i2 pages 1123 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orderspromulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The contractor will include the provisions of paragraphs (a) through (h) in every sub -contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with.respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder and arc financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102) GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation. execution. and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws, rules. and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defence, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 9. The signatories aver that they are familiar with CRS 18-8-301. et. seq.. (Bribery and Corrupt Influences) and CRS 18-8-401. et. seq., (Abuse of Public Office). and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) Board of Commissioners Position (Title) Chai If Corporation:) Attest (Seal) By ATTORNEY GENER By Assistant orney , a,enera _.. Services So den N v Orn ners STATE ROY R By '5 EXEC DEPARTMENT OF APPROVALS CONTROLLER By (Li," dl,„ APPROVALS: STATE,cONTLLER VU 71128 Exhibit A FY 1997-98 Intensive Supervision Program (ISP) Description of Services and Costs BASELINE SERVICES: Reimbursable up to $235.00 monthly for: Case Management Services Monitoring/implementing of the case plan, as prepared and approved by the Department of Corrections (DOC), Division of Community Corrections staff for supervision and treatment. The Community Corrections Agent conducts the assessment and provides the plan, defining the role of the contract case manager. Daily Call -Ins Receive offender daily call -in between 6:00 A.M. and 9:00 A.M., providing daily itinerary. The offender can leave a recorded message, but the time of the call needs to be verified, and the information provided needs to be accessible to DOC and Division of Community Corrections staff Call ID is preferable, but not required. Random. Weekly Urinanalysis (UAl Four (4) supervised UA's per month. One of the four must be a poly -drug test; the other three tests must be for drugs of choice. Face -to -Face Individual Sessions One (1) documented session per week to verify employment, residence and verify case plan activities. These sessions may be deferred by the Division of Community Corrections Agent. Employment Verification Verification of offender's employment by phone or paystub once a month. The Division of Community Corrections Agent will do a personal verification. Treatment Verification Verification by telephone or attendance verification slip once per month for each type of treatment the offender is required to receive. Telephone Contacts Routine phone contacts as needed, as part of case management. This includes responses to DOC and Division of Community Corrections inquiries and offender inquiries. Restitution Collection Collection and submittal of restitution payments, if applicable. Monthly Summary Report Reports to be prepared and mailed/faxed to the Division of Community Corrections. Page 1 of 3 971123 : Exhibit A FY 1996-97 Intensive Supervision Program (ISP) Description of Services and Costs Incident Reports Reports to be provided to the Division of Community Corrections, as required, on any incident that involves violation of rules or treatment plan. The report must include offender's name, DOC number, date, time, location, description of incident, behavior and other pertinent information. FULL SERVICES: Reimbursable up to $285.00 monthly for: Baseline services described above plus at lease one of the following: Breathalyser (daily) Antabuse (3 per week) Additional urinanalysis (UA) Medication Monitoring Telephonic Curfew Monitoring (at least 12 per month) Additional Case Management Services (as required by DOC officer) Additional Specialized Services (as required by DOC officer). REMEDIATION SERVICES: Reimbursable up to $100.00 monthly for: Baseline or Full services described above plus at lease one of the following: Complete or updated LSI Extra Urine Analysis Testing Relapse Prevention Drug and Alcohol Therapy Remediation services are to be used for inmates who require additional needs beyond the base or full service. These services are to be used for inmates who have a serious substance abuse problem. Remediation services are to have a start and end date. Page 2 of 3 971128 Exhibit A FY 1996-97 Intensive Supervision Program (ISP) Description of Services and Costs SPECIALIZED SERVICES: Reimbursable up to $125.00 monthly for: Baseline or Full services described above plus at lease one of the following: Cognitive Life Skills Complete or updated LSI Job Development/Maintenance Tracking These services are to be used for inmates who require additional services beyond the base and full services. These services are to have start and end dates as well. If an offender is not in the Inmate ISP program for a full month, the billing will be pro -rated based on the number of days actually served. Reimbursement for ISP services will not be made for the first day a client is in ISP, but will be compensated for the last day a client is in the program, in order to be consistent with other community corrections reimbursements. The Division of Community Corrections will be auditing the billing for ISP services. If you have any questions, please call Bobbie Monchak at the Division of Community Corrections (239- 5420). Page 3 of 3 971123 Exhibit B NOTICE OF RENEWAL May _, 199_ (Address) In accordance with paragraph 1.A.2. of Department of Corrections Contract routing number 98-_ the State notifies , that it hereby exercises its option to renew the Contract. The renewed contract term shall be July 1, 199_ through June 30, 199_ The State intends the terms of the contract be unchanged. The State's financial obligation under Contract section 1.A 2. for fiscal year 199 may not exceed Dollars and _Cents ($ �. This Contract renewal shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. Please acknowledge this renewal notice by signing in the area indicated below. Kindly return the form at your first opportunity so that the Department may submit it for the required approval of the State Controller. Yours truly, Contract Administrator Acknowledgment (Company Name) By: Date: Title APPROVAL By: By: Executive Director State Controller Department of Corrections CONTRACT EXHIBrr, . CONTRACT NUMBER DIVISION OF COMMUNITY CORRECTIONS INMATE INTENSIVE SUPERVISION PROGRAM (ISP) SERVICES Monthly Expenditures Summary Contractor Month Year Contract/P.O. Amount: ($ ) Program Expense: Billed to Date: Paid to Date: Provider: Amount July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June YTD Balance Total Program Expense Plus 2% Admin. TOTAL TO BE PAID This monthly expenditure summary form shall be submitted within thirty days (30) following the end of the month, with all subcontractor billings attached. 371128 Exhibit E CHANGE ORDER LETTER FY 97-98 Contractor Address City, State ZIP Contractor: Pursuant to paragraph 1.A.3. of the contract between the Department of Corrections, Division of Community Corrections, and (Community Corrections Board), Division of Community Corrections hereby notifies you that the maximum amount payable from the State for (type of service and per diem) under Contract (i98CAA covering the period (Month. day) 1997, through June 30, 1998, is hereby increased by $ to a new total of ($ new contract total for line item). The rate remains unchanged. Paragraph 1.A.2 of Contract 97-- shall now read: " This amendment to the contract is intended to be effective , 19_, but in no event shall this amendment be deemed valid until it shall have been approved by the State Controller or his designee. Please sign, date and return all copies of this Letter on or before , 19 . STATE OF COLORADO CONTRACTOR ROY ROMER, GOVERNOR By: By: Executive Director Department of Corrections Title Approvals: STATE CONTROLLER By: State Controller or Authorized Designee CilaY r1.5) al t EXHIBIT F COLORADO COMMUNITY CORRECTIONS STANDARDS Residential Services REVISED Contract Edition 1992 Colorado Division of Criminal Justice 700 Kipling, Suite 1000 Denver, Colorado 80215 97,127.23 TABLE OF CONTENTS INTRODUCTION iii 1.000 ADMINISTRATION 1 1.010 Legal Entity 2 1.020 Mission Statement 2 1.030 Organizational Chart 2 1.040 Fiscal Operations 2 1.050 Insurance 3 1.060 Annual Report 3 2.000 PERSONNEL 4 2.010 Personnel Policies 5 2.020 Job Descriptions 5 2.030 Equal Employment 5 2.040 Background Check 5 2.050 Personnel File 5 2.060 Ethical Relationships 6 2.070 Notification of Criminal Conduct 6 2.080 Staff Training C 2.090 Case Manager Education 7 3.000 MANAGEMENT CONTROLS 8 3.010 Policy & Procedure Manual 9 3.020 Acceptance Criteria 9 3.030 Family/Community Activities 10 3.040 Disciplinary Hearings 10 3.050 Grievance/Appeals Procedure 11 3.060 D.O.C. On/Off Grounds Count 11 3.070 Referral Agency Reports 11 3.080 Monthly Progress Review 11 3.090 Time Credits 12 3.100 Incident Notification 12 3.110 Systematic File Review 12 3.120 Documentation 13 -.000 SECURITY 14 4.010 Rules & Regulations 15 4.020 Intake Interview 15 4.030 Property Inventory 15 4.040 Urinalysis 1 6 4.050 Off -Site Monitoring 18 1197,29 ,2 4.060 Use of Force 20 4.070 Headcounts 20 4.080 Sign -Out Log 20 4.090 Contraband 21 4.100 Emergency Staff 21 4.110 Staffing 21 4.120 Offender Transportation 22 4.13 ) Escape 22 5.000 FACI 'TIES 23 5.010 Building/Zoning Requirements 24 5.020 Mattresses 24 5.030 Square Footage 25 5.0z Counseling Space 25 5.OE 0 Fixture Ratios 25 5.060 Housekeeping/Maintenance 25 5.070 Offender Chores 26 6.000 CASE MANAGEMENT 27 6.010 Case Assignment 28 6.020 Case Records 28 6.030 Assessment 29 6.040 Prioritization of Needs 30 6.050 Supervision Plan 30 6.060 One On One Sessions 31 6.070 Chronological Notes 31 6.080 Budget Formulation 32 6.090 Contracts 32 6.100 Driving Authorization 32 6.110 Termination Summary 33 7.000 OFFENDER SERVICES 34 7.010 Food Service 35 7.020 Medical 35 7.030 Monthly Financial Statements 36 7.040 Referrals for Treatment 36 7.050 Visitation 37 I I INTRODUCTION In the 1960's and 1970's, social service agencies and individuals seeing a need for residential services for offenders, especially those leaving prisons and jails, began opening halfway houses. Most of those early programs were not supported with government funds. As criminal justice and corrections officials observed the benefits of such programs, public support increased. Colorado was among several states that incorporated such programs and facilities into Community Corrections Acts. Less than a half dozen community residential facilities existed in Colorado in the mid 1970's. That network has increased to over 24 facilities with nearly 1500 beds in 1992. As a new concept with a strong emphasis on local control, each community was initially encouraged to develop facilities and programs that were responsive to local needs. Direction or involvement in local programs by state officials was kept at a minimum. Programs emerged that differed in philosophy, services, and (in the opinion of most observers) quality. Statewide Community Corrections Advisory Councils were appointed by Governors Richard Lamm and Roy Romer to review the program and provide direction for system improvements. In 1988, the Council promulgated the first set of standards for residential facilities for several reasons: ► To establish realistic, minimum expectations for all programs. ► To establish some measures by which to analyze program quality. Aud. s have been conducted to determine levels of compliance with the standards ver the past three years. Those audits have provided insight into programs and rovided experience that can now be used to revise the standards. -hese standards were developed and proposed by the third Community Corrections advisory Council, which was established by Executive Order in November, 1991. Local community corrections boards, program operators, and referral agencies were asked to review and comment on a draft of the standards before their adoption. The executive directors of the three state departments with jurisdiction over offender placement and contracting for Community Corrections have adopted the standards by Interagency Agreement. The state recognizes that individual communities may need to define other requirements of programs due to unique local circumstances. Local community boards also may exercise that authority under CRS 17-27-103 & 104 to impose standards or program requirements in addition to these state standards. A contract provider may seek waivers from the state for compliance with individual standards by following the process outlined below. 9711,28 1. Formulate a written request that identifies the specific standard for which a waiver is sought and the justification for a waiver. 2. Submit the request first to the local community corrections board. 3. If the local board endorses the request, submit the request with the written board endorsement to the Division of Criminal Justice. iv 971.125 1.000 ADMINISTRATION The standards related to "Administration" deal with the broad organ_ tional issues that define the purpose, legal formation, structure, resource allocatioand overall impact of the Community Corrections program. By establishing guid, nes and criteria in this category, two objectives are met. First, local commun :Les, criminal justice agencies, and local and state government are able to more precisely understand the philosophy, values and characteristics of the organizations selected to deliver Community Corrections services. Those services are critic :i to the safety and welfare of communities and their citizens. Second, by cc ..plying with these standards, organizations meet internal needs. Clear organizaticr al direction is communicated to their staffs, internal lines of authority and genera'. organizational structure are established, and systems are created to assess the use of resources toward accomplishing desired organizational objectives. .971.-P_29 1.000 ADMINISTRATION STANDARDS [REVISED: CCRS A.1.1.] 1.010: The public or private agency operating a community corrections facility shall be a legal entity or part of a legal entity. The administrators shall maintain documentation at the facility or headquarters of the agency that reflects that status, including current articles of incorporation, bylaws, tax status, or similar legal documents. [NEW) 1.020: The administrators of the facility shall maintain a mission statement that reflects the general purpose, overall goals and organizational values that guide the operation of the facility. Discussion/Definitions: The mission statement should be a source of direction for the policy and procedure manual in Standard 3.01. [REVISED: CCRS A.1.2.] 1.030: The administrators of the facility shall maintain a current internal organizational chart at the facility that accurately lists all staff positions involved in the community corrections program and demonstrates the lines of authority and agency structure. [REVISED: A.4.1., A.4.2., A.4.3., A.4.5.] 1.040: The administrators of the facility manage its fiscal affairs with: a. an annual budget, prepared at the beginning of the contract period or organization's fiscal year, that anticipates revenues from individual sources and outlines expected expenditures by operational categories or line items. The budget should be reviewed and updated through the year as required by the governing authority of the facility. b. written policies and procedures that employ recognized accounting procedures to control and record the receipt, maintenance and dispersal of funds associated with operation of the facility. c. an annual independent fiscal review to document actual revenues and expenditures associated with operation of the facility as compared with the categories and line items of the annual budget. 2 9r ...a.;. Discussion/Definitions: An independent fiscal inspection is typi, ally provided in one of three ways — 1) an audit, 2) a review, or 3) a compilation — depending on the intensity of the testing of records. The state contract requires an annual audit, unless waived by the state. The state may waive the full audit and defer to the review mandated by this standard if the state and local community corrections board concur that the service of the facility has been satisfactory and that a full independent audit has been completed within the past three years. These audits or reviews verify the financial stability of the contractor, application of acceptable accounting procedures, and conformance to stated budgets. [REVISED: CCRS A.4.4.] 1.050: Proof of insurance coverage at levels required in state contracts shall be maintained at the facility or agency headquarters. Sucn policies shall cover the facility, equipment, and personal injury and property loss to staff, residents, and third parties. HEW] 1.060: The administrators of the facility prepare an annual report for the agency's governing body, the local community corrections board, and referral and contracting agencies. The report contains statistical summaries of facility activities and accomplishments during the year, with reference to the stated mission and goals. Discussion/Definitions: Annual reports provide valuable feedback for assessing impact of the facility to both the internal organization and to key external groups and individuals. Information such as the number and types of offenders served, success rates, average length of placement, restitution paid to victims, and services to offenders provide the organization with information for self -assessment and planning. The information demonstrates program accountability for the community. Individual program statistics are available for facility administrators from the Division of Criminal Justice, along with composite, statewide statistics for comparison purposes. 3 9 i 1.t.^S 2.000 PERSONNEL People are the key elements of any organization. The standards in this section emphasize that at both the local and state level Community Corrections programs are expected to place high priority on the support and management of program personnel. The line and program staff are involved daily with the monitoring, supervision, treatment and service delivery that are essential to effective management of offenders in Colorado communities. Job roles and responsibilit must be carefully and clearly defined. Selection and hiring practices must be fa - and thorough. Employees must be adequately trained, supported and supervised and clearly understand how to maintain professional relationships with offenders assigned to Community Corrections programs. 4 971123 2.000 PERSONNEL STANDARDS - [NO CHANGE: CCRS A.3.1.] - 2.010: The agency shall maintain written personnel policies thaare available to all staff and accessible to employees at their work si._s. The policies shall address issues such as hiring practices, promotions, grievance procedures, staff development, performance appraisals, benefits, disciplinary procedures and terminations. [REVISED: CCRS A.3.3.] 2.020: The agency shall maintain written job descriptions for all staff of the facility. The descriptions shall include job titles, minimum qualifications, responsibilities and duties. In addition, salary ranges will be maintained for all positions. [REVISED: CCRS A.3.2.] 2.030: The agency maintains and implements hiring and promotion policies that recognizes equal employment opportunities and prohibits discrimination based on sex, creed, race, color, religion, disability, age ancestry, or national origin. [REVISED: CCRS A.3.4.] 2.040: Before applicants are hired, a background investigation will be conducted and an NCIC criminal history check for 'wants' and warrants will be conducted and documented in personnel files. The investigation will verify compliance with job qualifications and check for prior criminal record through use of a fingerprint card. Until such time as a fingerprint record check is returned, the employee will not work without direct supervision. Notice will be provided to the local community corrections board, referral agencies and to the Division of Criminal Justice prior to employing anyone with a felony conviction. No applicant shall be hired who is under current jurisdiction for probation, parole, or other conditional release for a felony or misdemeanor offense. [REVISED: CCRS A.3.5.] 2.050: A confidential personnel file will be maintained for each employee that is accessible to the individual employee. The file shall contain records of the background investigations, dates of employment, .raining 5 971123 records, performance appraisals (conducted at least annually), commendations, disciplinary actions, and related records. Information from the files shall be available to the local community corrections board or state oversight agencies only for the purpose of verifying compliance with standards or contractual requirements. It shall be thr responsibility of the oversight agency to maintain the confidentiality the information. [REVISED: C :RS A.3.8.1 2.060: Personnel policies shall define ethical and professional relationships to be maintained between staff and offenders placed in the facility. The policies shall incorporate the following points: a. Agency staff shall not use their official positions to secure or receive advantages, gifts or favors. b. Agency staff shall not display favoritism or preferential treatment for individual offenders or groups of offenders. c. Agency staff shall not engage in any personal or business relationship with offenders or offenders' family or associates. d. Agency staff shall report any attempt to violate these relationship guidelines immediately to the facility director. [REVISED: CCRS A.3.9.1 2.070: Agency personnel shall not engage in any criminal conduct. If any employee is arrested or charged with any criminal offense, the local community corrections board, referral agencies and the Division of Criminal Justice shall be notified immediately. The notification must clarify the working status of the employee during disposition of pending charges. A written report to the board and state agencies shall be submitted by the facility director or administration within 72 hours of the telephone notification. Discussion/Definitions: The Division of Criminal Justice will provide a form for reporting these incidents to local boards and the state beginning July 1, 1992. [REVISED: CCRS A.3.6.) 2.080: All program or security staff shall receive 20 hours of formal or supervised "on the job" training, including documented review of agency policies and procedures, before receiving an independent work assignment. Exceptions may be made for transfers or employees with 6 riS prior work experience at similar positions. In addition to the orientation, all full time staff shall receive a minimum of 40 hours of job -related training annually. Part-time staff shall receive a pro -rated amount equivalent to the full-time staff. Discussion/Definitions: Confusion or misunderstandings exist ;1 which activities qualify as "training." Training events that meet this andard must: 1. Include pre -determined training objectives or goals, 2. Be job related, 3. Be scheduled in advance of the event, 4. Be delivered by a qualified trainer, and 5. Be documented in personnel or training files with topic, date, duration, trainer, participants, and evaluation methods or results. Acceptable examples include first aid/CPR courses, training videos or workshops by qualified instructors, or "on the job" training with specific objectives. Activities such as performance evaluations, supervision or staff meetings without pre -determined training objectives, or informal tours do not qualify as training. INEW] 2.081: Ancillary and support staff (excluding kitchen and maintenance staff) shall receive a minimum of 20 hours of job -related training annually. NEW] 2.090: Agency case managers shall have a baccalaureate degree in social or behavioral sciences, criminal justice, or related fields. Related education or experience may be substituted on a year for year basis. 7 9'711.28 3.000 MANAGEMENT CONTROLS "Management Controls" refers to approaches that facility directors use to monitc- and direct their day-to-day operations. These controls are necessary to assure th agency achieves the objectives and quality levels expected by its own organizatir nal administration, the community, and criminal justice agencies. Applying systems theory" terminology to Community Corrections, facilities have: 1. Inputs- such as funding and offender referrals and placements; 2. Processes- such as offender monitoring and program services; 3. Outputs- such as treated offender and restitution payments to victims, and; 4. Outcomes- such as safer communities and rehabilitated offenders. Management controls are those tools and systems used to optimize outputs by improving control over inputs and process. The tools consist of data collection measures or monitoring activities that enable the managers to stay aware of critical information related to inputs, processes and outputs. The tools also include measures to guide and control the activities within the facility. 8 971729 3.000 MANAGEMENT CONTROLS STANDARDS [REVISED: CCRS A.2.1., A.2.3.] 3.010: The agency will maintain a current policy and procedure manual that describes the purpose, philosophy, programs and servic s, and operating procedures of the facility. The manual shall a dress all requirements, programs, or services delineated by these standards. The Contractor shall operate according to this manual ar d all staff shall be familiar with its contents. Discussion/Definitions: Policies articulate the organizations position and direction on operational issues, and procedures define and describe the activities and methods to implement the policies. The manual will be available to and read by all agency staff. [REVISED: CCRS A.2.2.] 3.011: The policy manual is reviewed at least annually by the governing body or agency administrator, and updated when necessary. Discussion/Definitions: Since policies provide guidelines to develop operating procedures, they must be maintained current. All agency staff must review any changes in agency manual. Any changes in the manual must be made immediately available to all persons and agencies who have the manual in order to keep their copies current. Both local and state oversight agencies for the contractor must be provided current copies of the policy and procedure manual if requested. [NO CHANGE: CCRS c.1.1] 3.020: Each facility will establish written criteria or guidelines to Govern the acceptance or rejection of offenders referred by state criminal justice agencies. Copies of those criteria or guidelines will be pro vided to the local community corrections board, the Department of Co :rections, the Division of Criminal Justice, the Chief Probt.tion Offic for each Juc.cial District referring offenders, and the Chair of the State Parole Board. Discussion/Definitions: The criteria or guidelines provide referral agencies with information regarding offenders acceptable for placement. The criteria also more clearly defines an agency's target population, providing opportunities to specialize programming to supervise and serve that population. The policy and guidelines governing acceptance should include, 9 971728 but iot be limited to: types of information to be gatherer' and reviewed c applicants prior to admission; specific criteria for acceptance; and procedures to be followed when accepting or not accepting referrals. [NO CHANGE: CCRS C.1.2.] 3.021: Programs will provide a written response to the referring agency within two weeks of the receipt of the referral indicating acceptance:. rejection, or need for additional information. [REVISED: CCRS C.1.3.] 3.022: Screening criteria shall prohibit discrimination on the basis of race, color, religion, creed, disability, sexual preference o- national origin. [REVISED: CCRS C.1.4.] 3.023: Programs will receive an offender only if: a) The local community corrections board has approved the placement or the offender meets board eligib`!ity; and b) A court order or mittimus has been issued sr =_cifying the offender's sentence; or c) A transfer order, Executive Assignment Orde- (EAO) has bee issued from the Department of Corrections; c - d) A copy of the Parole Agreement/Order specifying the placement in community corrections has been issued. [NEw] 3.030: The agency has written policies and procedures which provide increasing opportunities and privileges for resident :-,volvement with family and community activities prior to final releas [REVISED: CCRS C.4.4.] 3.040: Policy and procedure will specify timely arrangements and appropriate procedures regarding offender disciplinary hearings and decisions. Disciplinary hearings for rule violations by Transition offenders and Parolees will be conducted in a manner approved by the Department of Corrections. Disciplinary hearings for court -referred offenders will be conducted in a manner approved by the Judicial Department or local probation office. 10 REVISED: CCRS c.4.9.] 3.050: Written policies and procedures exist for offender grieve .ces, including an appeals procedure. Discussion/Definitions: A clearly written policy on offender gr:,vances exists, specifying the various levels of appeal. This policy mu. state that each person in the program has the right to file a grievance. e grievance shall be transmitted without alteration, interference, or delay r the party responsible for receiving and investigating grievances. The pe ;on reporting the grievance should not be subject to any adverse action as z -esult of filing the report. The final disposition of the grievance shall be prep red in writing and copies placed in a centralized administrative file as well as the individual offender's case records. [NEw] 3.060: Each individual facility will be responsible for reporting their Daily Offender On and Off -grounds Count to the Division of Community Corrections in the Department of Corrections each morning according to procedures established by the Department of Corrections and the Division of Criminal Justice. [NEW] 3.070: Residential program staff will be responsible for reports as requested by referring agency's and oversight agency's policy. [REVISED: CCRS C.3.4.] 3.080: Offender progress is reviewed at least every month, either through staff meetings or by individual staff; the outcome of each review is documented. Discussion/Definitions: Residents in a community residential program have adjustments to make, and these adjustments and changes in plans must be reviewed in a staff meeting or by an individual staff member. In either case, it is esse,: vial that the program records reflect this progress, or lack of it, in the individual case record, and that this be done regularly, every month. Items of special concern in this review would at a minimum include the short-range objectives specified in the offender's supervision plan and any special conditions required by the referring agency or local board (if not integrated into the respective supervision plan). This review provides some assurances that offenders are not overlooked in the treatment and reintegration process. 11 0w1 it" [REVISED: CCRS C.4.7.3 3.090: Dictated in policy and procedure, time credit or sentence reduction credit calculations for offenders will be conducted by program staff through procedures outlined by the Department of Corrections for transition residents, or by the Judicial Department, referring court, and /or local community corrections board for Diversion residents. [NO CHANGE: CCRS C.4.3.] 3.100: Agency policy and procedure shall define the types of incidents, i.e., medical problems, arrest, weapon possession, media involvement, offender death, violent or witnessed escapes, etc., that require notification to referral and contract agencies. The format and deadlines for each notification may vary depending on the referral agency. [REVISED: CCRS c.2.4., c.3.3, C.3.4., C.3.5., C.3.6.] 3.101: Agency policy and procedure shall define and specify procedures for dissemination of routine documentation i.e., supervision plans, supervision plan modifications, termination summaries, quarterly and monthly reports, etc., to referral agencies. [NEW) 3.110: All active individual offender case files must be audited between the 4th and 6th week after admission. At a minimum; the files should he audited to assure all documentation required by standards is present: admission documents, assessments, supervision plans and revisions. chronological notes, etc., and in the appropriate order prescribed by agency policy and procedures. A similar audit of the file will be completed within 30 days of termination. File review shall be documented in each file as well as a central administrative file. [REVISED: CCRS A.2.4.] 3.111: The agency outlines in policy and procedures a system of regular internal auditing and self -monitoring. Discussion/Definitions: The following facility functions shall have a documented review or audit at least once every quarter year: drug testing systems; medication monitoring; sign-in/out records; off -site monitoring records; contraband inspections; and offender service delivery reports. The 12 9i1:' 3 latter audits are for errors of commission as well as omission and serve as quality controls for agency operations. The audit documentation is to be maintained in administrative files of the facility administrator. [NEW] 3.112: The residential program has access to and uses an organized system of information collections, retrieval and review. Discussion/Definitions: It is necessary for the facility to establish a Management Information System (MIS) for collecting statistical data, and to review this data in the future planning for the program. An organized system of data collection will provide the program with information to determine the type of offender best served by the agency and the trends in its referral and intake system. Facility staff should participate in identification of information needs, and guidelines would be established concerning the security of all information on offenders. [NEW) 3.120: Policy and procedure will require that all program documentation be legible, accurate and systematically filed. Wherever applicable, i.e., formal assessments, supervision plans, plan revisions, etc., program documentation shall be signed and dated by all parties involved. Discussion/Definitions: Handwritten documentation which cannot be read is not acceptable. 13 971.128 4.000 SECURITY Public safety is a primary concern of all criminal sanctions, including Community Corrections. Facilities with well -structured environments and security programs reduce risk and liability and increase public acceptance and support for the programs. The standards in this section outline security concerns of the community, staff and offenders of the facility. These standards are closely interrelated to Section 6, which deals with Case Management. By following standards in that section to individually screen and classify offenders, facility staff will identify the risk factors and other case information that will be integrated into the security approaches outlined. These standards define the minimum procedures facility operators are expected to employ to monitor offenders while within the facility and during periods of authorized release in the community. Special attention is placed on testing for drug and alcohol abuse, which is a significant contributing factor to criminal behavior and unsuccessful placement in community -based corrections programs. Other key security issues addressed by these standards include responses to incidents, control of contraband, and transportation of offenders. 14 971:123 4.000 SECURITY STANDARDS REVISED CCRS C.2.1.) 4.010 Upon entry into a program, each offender shall receive and have constant access to written program rules and regulations, descriptions of possible penalties or disciplinary actions that may be taken for rule violations, and a written description of grievance procedures. The offender will acknowledge receipt of this information witnin 24 hours of entry by signing a form that records the date, time, and signature of both staff and offender. The form acknowledging receipt of the information shall be kept in the offender's file. Discussion/Definitions: Providing the above information to incoming offenders verifies that they were made aware of the ru/es and expectations of the program. Language and/or literacy barriers, which can lead to the misunderstanding of facility rules and regulations, should also be addressed through use of translators or bilingual documents. [REVISED CCRS c.2.2/c.2.3.] 4.011 Incoming offenders shall be given an orientation to the facility and the community that includes information regarding emergency equipment and exits within the building, location of community legal and medical services, and services provided by the program. This information shall be provided to the offender within twelve (12) hours of admission. 4.020 An intake interview will be completed with each incoming offender within the first twelve (12) hours of admission. Each offender will be interviewed to record, at a minimum, the following basic information: 1) Name 2) Address 3) Date of Birth 4) Sex 5) Race/Ethnicity 6) Social Security Number 7) Medical Problem/Needs 81 Special Dietary Needs 9) Contact Person in Case of Emergency 10) Person Authorized to Claim Property if not claimed by the offender ;EEVISED CCRS C.4.6.1 c .030 The program shall have a system for the inventory and securing of incoming offender property. Guidelines will specify which items are allowable for offender possession or storage at the facility. A copy of the inventory, signed by both staff member and offender, will be provided to the offender. Policy and procedure ;hall dictate proper 15 disposal of property upon the offender's departure if not claimed by the offender. Discussion/Definitions: A standard state form to be used for documenting property inventory can be obtained from the Division of Criminal Justice. [REVISED CCRS C.3.2.B.] 4.040 Policy and procedure will govern the substance abuse testing of all offenders. The time lapse between offender notification of testing and the collection of samples for urinalysis shall be no more than 3 hours. Written policy and procedures will insure that chain of custody and testing of samples meet acceptable evidentiary standards in the event test results are needed for offender disciplinary proceedings. Programs using in-house substance abuse testing equipment shall maintain certification documentation and expiration dates within the personnel files of all operators. Discussion/Definitions: Due to the serious implications and consequences for offenders of positive urinalysis results, precautions must be taken to ensure the proper collection, supervision, handling, storage, transportation, and testing of urine samples. 4.041 Programs shall conduct urinalysis and other testing for alcohol and controlled substances using basic safety precautions. Discussion/Definitions: Rubber gloves should by used by all staff during the handling of samples and no smoking, eating, or drinking shall be allowed e t the testing site. No food shall be refrigerated where samples or chemicals are stored. [REVISED CCRS c.3.2.s.] 4.042 A urine sample will be taken within twelve (12) hours of each offender's admission to the facility. At a minimum, this initial sample should be tested for the following controlled substances: cocaine metabolite, THC, amphetamines, opiates, and barbiturates. A test for alcohol shall also be conducted using breathalyzer or urinalysis within the same time frame. Discussion/Definitions: Timely initial drug screens can provide the program with valuable information concerning the offender's drug use and condition 16 9!1129 at time of admission. Such information can be used lo direct future urine testing as well as programming. [REVISED CCRS C.3.2.B.] 4.043 Interim urinalysis testing shall be conducted randomly on each offender at least twice during each full calendar month. Each interim sample shall be tested for at least two different controlled substances. Gaps between urine tests shall not exceed thirty (30) days. Discussion/Definitions: Controlled substances are defined as those drugs which are prohibited by law. Alcohol, although prohibited from juvenile and offender use (under supervision), is not considered a controlled substance and should not be included as one of the two tests required by the above standard. The above testing rates represent minimal testing requirements. More frequent testing may be indicated for some offenders based on case assessment or requests by referring agencies or local boards. Similarly, a waiver of interim testing requirements may be requested from the probation or parole officer of the referring agency for those offenders with low risk of substance abuse. "Random" within the context of these standards means (1) the testing or monitoring is initiated by program staff and (2) the event is conducted in a method that is not predictable by the offender. For drug testing, random number tables, dice, or computers have been used. In a truly random system, an offender may be tested on consecutive or even concurrent days. [REVISED CCRS C.3.2.B.] 4.044 A urine sample will be taken within a twelve (12) hour period of each successful discharge or transfer of an offender from the facility. At a minimum, this sample will be tested for the following controlled substances: cocaine metabolite, THC, amphetamines, opiates, and barbiturates. A test for alcohol shall also be conducted via breathalyzer or urinalysis, within the same time frame. Documentation of those offenders receiving this discharge urine test from a subsequent supervisory program must be maintained within the offender's residential case file. All exit urine samples obtained from D.O.C. offenders will be tested at the state lab. . Discussion/Definitions: If an offender is successfully discharged or transferred from a facility to another agency, a full -screen urine test conducted upon entry by the receiving agency/program (Le., ISP, Non- residential, etc.) may be used as the offender's discharge urine test. However, the sample must be taken within the 12 hours of discharge and 17 9711.2 .8 results of the test documented in the case file of the facility (including name, date, time, drugs tested, and results). [NEW] 4.045 A random breathalyzer (or urinalysis) test for alcohol will be conducted on each offender at a rate of no less than one (1) per seven (7) day period, exclusive of tests stemming from initial and discharge drug testing. Discussion/Definition: Random tests for alcohol enhance the program's capability to deter and/or detect substance use. [NEW] 4.046 Record keeping systems for substance abuse testing should provide (1) information in individual case files sufficient for case management functions, and (2) aggregate substance abuse testing results within the facility for broader management functions. Discussion/Definitions: Case managers and treatment staff must have easy access to testing information (date of tests, substances tested, results) to determine if supervision plans are being followed or need to be revised. Aggregate drug testing information enable facility managers to monitor test -ig levels to insure that minimum testing levels are met. Aggregate da • also identifies trends that may indicate needed changes in treatment/programming or in testing patterns. [NEW] 4.047 Written procedures shall direct the isolation and observation of offenders who are intoxicated or under the influence of controlled substance(s). [REVISED CCRS C.3.2.A.1 4.050 Program policy and procedure shall provide for the random and regular monitoring of each offender's off -site whereabouts. The offender's off -site location will be randomly verified through.personal contact, phone contact, and/or reliable third party. All offender's off -site whereabouts shall be monitored with at least one (1 ) work and one (1) pass verification each month. Discussion/Definitions: "Monitoring" refers to the verification of the offender's current off -site whereabouts. "Pass" refers to any non -work sign 18 97.1.1.?F3 out (excluding furlough sign -outs). "Documentation" means the recording of time, date, place, personlsl contacted, signature of staff, and results of the verification. [REVISED CCRS C.3.2.A.] 4.051 The off -site whereabouts of offenders residing at the facility for less than sixty days shall be randomly monitored at least one: ;n every seven day period, exclusive of furlough monitoring. Discussion/Definitions: Research findings indicate that most failure occurs within the offender's first two months of stay. Because these offenders represent the greatest risk, more frequent accountability checks are required. For offenders representing substantial risk, however, providers may recognize a need to conduct off -site verifications at a frequency that exceeds the minimal requirements. [REVISED CCRS C.3.2.A.] 4.052 After sixty days, each offender's off -site whereabouts shall be randomly monitored at least twice per month, exclusive of furlough monitoring. Gaps between verifications shall not exceed 30 days. [REVISED c.4.8.] 4.053 Written procedures will govern the issuance of all passes and furloughs and shall include review and approval by the referring agency for initial furlough privileges or whenever the absence exceeds 48 hours. While on furlough, emergency furlough, or any other pass that exceeds 18 hours, the offender's whereabouts will be verified via staff -initiated contact with the offender or reliable third party. Documentation of whereabouts verification shall include offender name, method of verification, date, time, location, and staff signature. Discussion/Definitions: "Furlough" is defined as any authorizecabsence from the facility for 18 hours or more. The offender's whereabouts should be randomly verified during each twelve hour period of absence. "Staff initiated" requires that the monitoring consist only of those verifications which are directly prompted by staff Due to the potential need of such documentation during legal proceedings, proper documentation relating to time and place must be maintained. As with regular monitoring, furlough verifications are meant to establish accountability. 19 [NEW] 4.054 [NEW] 4.060 [NEW] 4.070 Program policy will outline procedures and conditions under which surveillance of the offender is conducted while the offender is outs the facility. Specific guidelines shall address issues related to pursiit. confrontation, use of force, and law enforcement assistance. Discussion/Definitions: Off -site surveillance can serve as an effective means of monitoring offender movement within the community, but must be conducted in a manner that protects the safety of the community, staff, and offenders. Policy and procedure must establish the limits for staff surveillance activities and require assistance and backup from law enforcement agencies if arrests or other confrontational events occur. The agency has written policy restricting the use of physical force by staff. If physical force is used by program staff, the incident will be fully documented. Discussion/Definitions: Staff of community corrections facilities are not usually peace officers or staff of a secure correctional facility. Use of or possession of deadly weapons and use of physical force shall be prohibited unless authorized by the local community corrections board and the Divisi: n of Criminal Justice. If authorized, use of force shall be limited to force thr would reasonably be used by citizens to protect persons, property, premix or to assist law enforcement officers (Refer to Colo. Rev. Stat. 18-1-704 through 7O7). If physical force is used, the situation must be thoroughly documented with names, dates, circumstances, and justifications. There shall be at least four (4) random headcounts during each eight hour period, during which each offender's physical presence or itinerary will be observed. A record shall be made of such counts and signed by the staff member conducting the count. Discussion/Definitions: The whereabouts of offenders off facility grounds at the time of the count will be included in headcount documentation. [REVISED c.5.3.A.] 4.080 A log will be kept for each offender for the purpose of recording all authorized absences from the facility. Documentation within each entry shall be legible and include, at a minimum, offender name, date, 20 371. time of departure, destination, authorized purpose, expected return time, actual return time, and offender signature. Staff and offender signatures prior to the offender's departure and followin J arrival will verify all entries. Discussion/Definitions: Sign -out logs are essential accountabil ty documents. Because these documents are frequently used in disciplinary proceedings, accurate information is critical. "Destination" information should include a specific location and indicate the type of sign -out (e.g. pass, work, furlough, etc.). To ensure validity, all entries mus: be legible and clearly reflect the offender's whereabouts within the community. [REVISED CCRS 8.1.5.] 4.090 The program shall define contraband and have a detailed procedure for its detection, storage, and disposal. Disciplinary actions that could result from the possession of contraband shall be defined and made available to the offender. Policy will further provide pro :edures and guidelines for contraband searches which include "pat" searches, room searches, vehicle searches, and personal property searches. Discussion/Definitions: All searches and subsequent seizures should be properly documented. [REVISED CCRS 6.2.5.] 4.100 Written policy and procedure shall govern agency response to work stoppages, natural disasters, or other disruptions of normal work routines. For program's with single coverage shifts, policy will require that "on -call" staff be able to respond to the facility within thirty (30) minutes. Discussion/Definitions: Pre -determined back-up procedures are imperative, particularly when the program schedules single coverage shifts. It is advisable to have an administrative or supervisory staff on -call or at the facility at all times. NEW] 4.110 For programs having a population of 70 or more, shifts during non - business hours shall be covered by at least two staff members who are familiar with security policy and procedure. Discussion/Definitions: "Non -business hours" is defined as Monday through Friday from 5:00 p.m. to 8:00 a.m., Saturday, Sunday and holidays. 21 9711:^,3 [NEW] 4.120 Written policy and procedure shall govern the transportation of residents by program staff. The policy shall prohibit transportation of offenders in personal vehicles unless program insures such transportation. Discussion/Definitions: The uninsured transport of offenders raises serious liability issues. Unless insurance policy(s) includes "non -owner" coverage, such transport should not occur. Other safety and liability issues that should be considered include staff, offender and public safety. Staff that lack proper credentials or have unacceptable driving histories should not be permitted to transport offenders. [REVISED CCRS c.4.5.) 4.130 Subject to referral agency approval and/or modification, program policy will define and specify those conditions under which an offender is placed on escape status. Procedures to be followed after an escape will be clearly outlined. At a minimum, the policy will include: 1) Prompt notification of appropriate referral agency. 2) Timely notification of law enforcement agencies which inclu::.- disclosure of any third parties known to be at risk. 22 971123 5.000 FACILITIES Community Corrections and halfway house programs have evolved into a egitimate component of the criminal justice system. The growth and changes of these programs place increasing demands on the types of facilities housing programs. Facilities must be in compliance with applicable zoning, safety, and nealth codes. They must provide adequate living space and facilities 'or the resident offenders, as well as providing appropriate space for staff ar i offender services. Standards in this section address code compliance, space aid facility requirements, safety, and cleanliness. Compliance with standards in :his section is lot only important for the programmatic aspects of Community Corre :tions, it is iital to reducing liability exposure to the referral and oversight agenci,:s and the iperators of programs. 23 971128 5.000 FACILITIES STANDARDS [REVISED: CCRS B.1.1., 6.2.1., B.3.1.] 5.010: The agency shall remain in compliance with all applicable building codes and zoning requirements. Proof of compliance, or application for such, shall be kept on file at the facility or agency business office. Policy and procedure of the program shall require that the agency director notify the local community corrections board and the Division of Criminal Justice if the agency does not maintain such compliance. [REvISED: CCRS B.2.1.] 5.011: The agency will comply with all Uniform Fire Code as published by the International Conference of Building Officials. Compliance will be verified by at least an annual inspection by the local fire department that provides suppression services. [NO CHANGE: CCRS 5.012: The agency will comply with the National Fire Protection Associatic- Life Safety Code, current edition. [REvISED: CCRS B.3.1.) 5.013: The agency will comply with all local health and sanitation codes. [REVISED: (-CRS 6.1.3.] 5.020: The facility shall provide each resident with a bed that has a flame- retardant mattress and pillow with covers meeting standard #701 of the National Fire Protection Association and filling materials that comply with California Technical Bulletin #117 (copies of both are available from the Division of Criminal Justice). [REVISED: CCRS B.2.4.] 5.021: The facility shall maintain an automatic fire alarm.and smoke detection system which meets NFPA 72 and is tested at least quarterly. 24 no 53 [REVISED: CCRS 8.2.6.1 5.022: The facility will store all flammable liquids and hazardous materials (paint, cleansers, adhesives, etc.) in their original containars and away from kitchen and dining areas, furnaces, heaters, sleepinc; and high traffic areas. [REVISED: CCRS c.5.3. -F.] 5.023 All facilities will conduct emergency evacuation fire drills at least once quarterly with accompanying specific documentation. [NO CHANGE: CCRS e.1.2.] 5.030: A minimum of fifty (50) square feet of floor space shall ha provided per resident in sleeping areas of the facility, of which no fore than four (4) square feet shall be closet or wardrobe space. [NO CHANGE: CCRS 8.1.4.] 5.040: The facility provides separate space for private individual counseling, group meetings, visitation, dining and food preparation. [NO CHANGE: CCRS B.3.5.] 5.050: The facility maintains, at a minimum: a. one operable toilet for every ten offenders, or combination of toilet and urinals for every ten offenders. b. one operable wash basin for every six offenders. c. one operable shower or bath for every eight residents (hot water not to exceed 130 degrees). d. one operable washer and dryer for every twelve residents, or access to commercial laundry machines within two miles of the facility. REVISED: CCRS 6.3.3.1 5.060: The facility and surrounding property shall be kept in a clean and sanitary condition at all times. Written policy and procedure shall define regular housekeeping and maintenance routines, with daily documented inspections. 25 0'i??3 ._ [REVISED B..,.31 5.070 Resident offenders may be assigned house cleaning chores and duties following policy and procedures that provide for the fair and equal distribution of such assignments. Inspections by staff will ensure that each offender's linens are cleaned on a weekly basis. Discussion/Definitions: This standard is interrelated to the "Security" and "Case Management" sections. The distribution of daily offender chores requires impartiality and consistency by staff. This includes the monitoring and supervision of all offender chores. Clear written guidelines should exist concerning the distribution of additional chores as a result of disciplinary action. Under no circumstances, shall any offender be given an assignmer where supervisory control over other offenders is expressed or implied. 26 971).7:3 6.000 CASE MANAGEMENT Effective offender supervision and treatment in Community Corrections begins with a solid case management model. The recommended model for Colorado Community Corrections is "Case Management Classification" (CMC). CMC is used throughout the country by corrections agencies and has been validated for offender populations. An initial assessment of each offender identifies the risks and needs that form the basis for individualized supervision and treatment plans. The model identifies risk factors and supervision approaches that emphasize public safety concerns. CMC also identifies the individual's needs or problems that have led to criminal behavior and formulates intervention strategies and services to respond to those needs. The standards in this section deal with offender assessment, develo;.ment and revision of case supervision/treatment plans, and the tracking and recording of offender progress while in Community Corrections. The Case Manac ment standards are intended to make the most efficient and effective use f limited resources to protect public safety and prioritize offender services on those problems most related to criminal behavior. 27 9711.28 6.000 CASE MANAGEMENT STANDARDS [NEW] 6.010: The program has a written procedure for assigning the case management of each resident to a case manager within one working day (24 hours) after the offender's admission to the facility. Discussion/Definitions: Case management of every resident should be assigned to a staff member in a timely and responsible manner. Offenders can be assured of quick and continuing access to at least one employee for advice, counsel, and supervision direction. [REVISED: CCRS C.5.2.] 6.020: A separate case record shall be maintained for each offender placed the facility. Each individual case record shall include, at a minimum, the following information that is uniformly filed and kept current: a) Commitment documents from referring agencies, including background information; b) Proof of eligibility or acceptance by the local community corrections board; c) Intake information form (see CCRS 4.020); d) Individual case assessment and supervision plans, documentation, and reviews; e) Screening forms and available medical records; f) Release of information and other consent forms; g) Chronological entries and progress reports documenting developments of the case, including compliance with special conditions; h) Information on employment, earnings, collections, and payments related to the case; i) Copies of incident reports, disciplinary actions, disciplinary appeals, and grievances; j) Copies of correspondence, referral forms, or other documents related to the case; k) Termination forms, summaries, and notices. [REVISED: CCRS C.5.1.] 6.021: Confidentiality of case records is maintained in accordance with federal and state laws (CRS 24-72-301)- 28 [REVISED: CCRS c.2.5.1 6.022: Written policy and procedure regarding the confidentiality of individual case records shall address, at a minimum, client access, staff access and release of information. In addition, there is policy and procedure governing "Release of Information Forms" which address circumstances under which releases are permitted, restrictions on type of information to be released, and structure and identification information to be placed on the form which includes, but is not limited to: • Name of person, agency or organization requesting information • Name of person, agency or organization releasing information • The specific information to be disclosed • The purpose or need for the information • Expiration date • Date consent form is signed • Signature of the offender • Signature of individual witnessing offender's signature Discussion/Definitions: It is extremely important that the confidentiality of records be respected and maintained at all times. Facility policy must specify which information will be available to the offender, particularly where his/her mental and social adjustment might be affected, where a codefendant is involved, or where informants' names are recorded. Staff and volunteers should have clear instructions on the release of information to unauthorized persons. [NO CHANGE: CCRS C.6.] 6.023: Written procedures provide for secure storage of all files, logs, and records for at least five years. Such records may then be disposed in a manner ensuring complete confidentiality. [REVISED: CCRS c.2.4.] 6.030: There is a procedure for systematically assessing all incoming offenders for their individual criminal risks, criminogenic needs, and responsivity to various intervention strategies. This assessment shall involve the use of standardized instruments with recognized validity and reliability for assessing criminal risk and need. The assessments must be completed and documented in the offender file within 10 working days of the offender's admission. 29 971123 Discussion/Definitions: "Criminogenic": producing or leading to criminal behavior. "Criminogenic needs": those individual problems or conditions that lead to criminal behavior. "Individual responsivity": the likelihood that an intervention targeted to address a criminogenic need will have the desired effect of eliminating criminal behavior. The assessment of offender criminal risk, criminogenic need, and individua responsivity should include 1) a careful consideration of referral in formatic and offender behavior in the facility, and 2) a systematic application of assessment instruments that have established validity and reliability. This assessment process should serve as the basis for subsequent case analysis and supervision plan development. Assessment forms should be signed ar r dated by both the client and administering staff member at the time of completion. (Note: House Bill 91-1173 passed by the Colorado General Assembly requires state criminal justice and treatment agencies to consider and possinly implement a system -wide substance abuse screening and assessment process. If adopted, such a mandated assessment process wi supplement these standards.) [REVISED: CCRS C.3.1.) 6.040: Upon completion of a thorough assessment process, a case analysis shall identify offender risk levels and prioritize the individual offender's criminogenic needs for interventions. Discussion/Definitions: Levels of supervision, restrictions; and other forms of control should be consistent with levels of risk posed by offenders. Criminogenic needs are those factors, which if targeted in treatment, are most likely to produce reductions in recidivism. It is important to carefully prioritize most critical needs for intervention that can best be addressed during residential placement of each offender. [REVISED: CCRS C.2.4., C.3.1.] 6.050: Case managers shall formulate a personalized supervision plan for each offender which specifies supervision approaches. The case manager, with the offender, shall plan the interventions targeted to address particular criminogenic needs. Supervision plans shall includ9 measurable criteria of expected positive behavior and accomplishments and a time schedule for achieveme-t. The origina' supervision plan will be completed, signed, and dated by both the 30 971.1..29 case manager and the offender within 15 working days of the offender's program entry date. Discussion/Definitions: The recommended type of supervision plan is a problem -oriented format that separately identifies each of: 11 the offender's key behavioral problems; 21 short-range behavioral objectives which address the above problem; 31 Specific steps the offender needs to take in the immediate future to accomplish objectives; 4) the specific steps the case manager will take to assist and/or hold the offender accountable for accomplishment of identified objectives. Care should be taken to avoid over -loading any offender with too many objectives to accomplish at any one point — two to four behavioral objectives being a range most offenders are likely to handle for a given short-range period. [REVISED: CCRS C.3.4.,] 6.051: Case managers will perform a documented review of all offender supervision plans at least once each month and revise the plan if indicated by case developments. INEW] 6.060: Case managers will meet individually at least once each week with each offender on their caseload. The meeting will be to discuss progress towards objectives identified in the offender's supervision plan and address problems that may be impinging on the offender's reintegration within the community. Discussion/Definitions: Every residential offender will have at least one meeting per week with their case manager that should be scheduled in advance to allow both parties to prepare and identify topics for discussion. Adequate time should be allowed to fully discuss case progress and problems. Sessions shall be documented in the offender's respective case file. Chronological notes shall reflect the topics discussed, specific outcomes, agreements, or unresolved issues. [REVISED: CCRS C.5.2.1 6.070: Chronological or progress notes will be entered into an offender's case record each time there is a scheduled meeting, an event or information potentially affecting the direction or progress of the case, and any interagency communication regarding the particular case. All entries shall be legible, accurate, systematically filed and signed and dated by the staff member making the entry. 31 371129. Discussion/Definitions: Case notes and entries must be made in a legible, systematic fashion. A consistent coding system and format should be used to identify the type of event being recorded (individual, collateral, staffing, etc.). Because such documentation is often used for disciplinary hearings or other important case decisions, legibility and accuracy are critical. [REVISED: cuts c.5.2.] 6.080: The agency shall require each residential offender to develop a budcet that corresponds with the offender's pay period. The written budge.; should be reviewed by the offender's case manager and recorded in the case file. Discussion/Definitions: Budgeting and money management are important life skills needed by offender populations. Offenders are to be encouraged to develop both short and long-term budgets while residents in community corrections to prepare for reintegration into the community and meet financial obligations imposed by the criminal justice system. Such budgets may not be required for unemployed offenders or those with varying, unpredictable incomes. [NEW] 6.090: Offenders must secure both agency and referral agency approval before entering into any form of formal contract. [REVISED: CCRS C.4.10.] 6.100: Offender driving privileges and use of privately owned vehicles will be covered in policy and procedure, which shall include as minimum criteria the following; Current and valid drivers license, proof of insurance, Department of Motor Vehicle record reflecting low risk, and referral agency approval. Hard copy proof of this documentation will be maintained in the offender's file. Discussion/Definitions: Allowing offenders to drive raises potential liability issues. Before offenders are authorized to drive, risk to the offender and community must be assessed. Prohibitive high risk is defined as a license revocation within the past three (3) years. Other considerations may include the relationship of the offender's driving history to his/her offense (past or present). Due to the importance of current and valid documentation, programs should implement some sort of "tickler" system that alerts staff, ahead of time, of upcoming expiration dates. 32 971123 [REVISED: CCRS C.3.6.1 6.1 10: A report is prepared at the termination of residential program participation, which reviews the person's performance in the program. If the offender is to transfer to non-residential, probation, or parole, the summary will also include recommendations to assist with continuity and transition of supervision. Discussion/Definitions: At a minimum this report summarizes in narrative form activities which occurred during the program, unusual occurrences, community resources which affected the outcome of supervision, and the staff's assessment of the reasons for the successful or unsuccessful outcome. These termination reports may serve as learning tools for the facility as well as for the individual staff. The termination reports are to be signed and dated by the case manager upon completion and a copy must be maintained in a central file with the facility administrator. Upon any negative termination of the offender's participation in the residential program a copy of the termination report must be submitted to the referring agency of the offender within two working days. With successfully terminating offenders this report shall be submitted to the respective referring agency within 10 working days. 33 97ii0.s 7.000 OFFENDER SERVICES Standards in this final category fall into two groups. The first group includes services essential to basic offender needs in a residential facility, such as food service, emergency medical care, and offender financial management. The secor group is more difficult to standardize due to differences in program philosophy an availability or access to existing community services. Community Corrections programs are encouraged to refer offenders to existing social services agencies when possible to avoid costly duplication of services. Offenders can then be matched with specialized resources that will continue to support and assist them after completion of Community Corrections. Specific offender services needed for residents of facilities should be identified b%% monitoring the results of the screening and assessment procedures detailed in Ca Management (6.000). From prior research conducted by the Division of Criminal Justice, two factors were identified to be significant regarding offenders' success or failure in Community Corrections: 1. Employment 2. Substance Abuse The standards place specific emphasis on these two services, and more generally address mental health, education, and other services fcr offenders. 34 7.000 SERVICES STANDARDS [REVISED: CCRS C.4.2.] 7.010: Residents shall have access to meals meeting nutritional requirements established as U.S. Required Daily Averages. Food shall be stored, prepared and served in compliance with all state and local codes, laws and regulations. Meals: a. Shall be approved and reviewed by a registered dietician. b. Shall be specially prepared if required for documented medical reasons. (Note: Any food service that includes exclusive resident preparation, sub- contracts with restaurants, service by outside vendors must be approved by the local community corrections board and the Division of Criminal Justice.) [REVISED: CCRS C.4.1.] 7.020: All offenders placed in residential facilities shall be advised that medical and dental services are the responsibility of the offender. Within twelve (12) hours of arrival at a facility, each offender shall be advised of the location of emergency medical and other health care services within the community. [REVISED: CCRS c.4.1.) 7.021: Upon placement of offenders in residential facilities, a health screening shall be conducted to identify any obvious medical complications that would affect placement. The above screening shall be documented by date, time, ;.r signature of staff performing the screening. [REVISED: CCRS C.4.1.] 7.022: Agency will have at least one staff member on duty at all times who is trained in emergency first aid and CPR. In addition, agency policy and procedures will direct staff response to offender medical emergencies. 35 971123 [REVISED: CCRS C.4.1.] 7.023: Agency will have on site at all times a first aid manual and supplies approved by a recognized health authority. [REVISED: CCRS c.4.1.) 7.024: All prescribed medications for offenders shall be secured and their use shall be monitored to insure compliance with instructions of the prescribing medical authority. Records shall be kept to document distribution of medications to residents and these records and medications shall be audited at least twice each month. Policy and procedures will govern the disposal of unused medications. (NO CHANGE: CCRS A.4.6.) 7.030: Documentation will be maintained that provides for individual recording of financial transactions related to placement in the facility (such as earnings, subsistence fees, restitution, fines, and savings). Receipts shall be provided to offenders for each payment made directly to the program. Monthly statements shall be provided to each offender with the status of offender funds (if maintained by the program) as well as the status of bills or debts to the program. A final financial statement shall be provided to both the offender and the referral agency upon termination, with a copy kept by the program for at least three years. [NEWJ 7.040: Each agency shall provide for appropriate referrals to qualified treatment providers to meet the needs of the offenders accepted for placement. Participation and progress in treatment shall be regularly monitored by the program. Offenders shall be advised upon intake, or upon a decision to refer, as to the reasons for the referral, their responsibilities for payment and participation in treatment. [REVISED: CCRS C.3.2. -G.1 7.041: The agency will develop a specific plan to address offender substance abuse programming, revised or updated at the beginning of each contract year. The plan will include procedures for assessment, referral, treatment and monitoring. Treatment resources should be described in detail. Discussion/Definitions: Standard 6.03 requires an assessment that will differentiate levels of addiction or substance abuse. Programs would be 36 97 expected to use this process to determine individual treatment needs. While programs are encouraged to freely offer various types of individual or group education and treatment, they are required, at a minimum, to maintain listings of other treatment resources and refer offenders to the most appropriate service based on assessment conclusions. [REVISED: CCRS C.3.2. -C.] 7.042: The agency will develop a specific plan to address offender employment services, revised or updated at the beginning of each contract year. The plan will include procedures for job readiness, aptitude testing, job referrals, and facility phone access during business hours. Employment resources shall be described in detail. Discussion/Definition: Agencies shall develop specific strategies for minimizing common obstacles to job -finding for underemployed or indigent offenders. Issues that should be addressed clearly include: inadequate transportation and phone access, insufficient support during the job search process, and lack of familiarity with local employment resources. [NEW] 7.050: Each facility shall provide space for visits by family members, attorneys, criminal justice officials and other appropriate visitors and maintain policies and procedures to monitor and control such visits. Discussion/Definitions: This standard is related to 3.030 (maintaining community and family ties), 4.140 (facility security), and 5.040 (providing space in facilities). 37 ni. 4 I n,7Q .4. COLORADO COMMUNITY CORRECTIONS ST ND RDS NON-RESIDENTIAL JULY 1, 1991. 97.." d Roy Ranier GOVERNOR ?)avid a Thomas E7MCUTIVE DIRECTOR Colorado State Pat Colorado Bureau of Investigation Colorado Law Erdorcemem Training Academy Division of Criminal Justice Division of Disaster Emergency Services Division of Fire Safety Oc�l0 ty Anj x /876 S COUDRADO DEPARTMENT OF PUBLIC SAFETY July 1, 1991 William Woodward, Director Division of Criminal Justice Suite 3000 700 Kipling Street Denver, Colorado 80215 (303) 239-4442 Criminal Justice .is issuing the following ;s1:andltds foram -Residential services for Community ''F..',c:,l,adtiono t Mrs Community Corrections Advisory Council -that ncrt ly•faViews such policies and advises the Division the"process of being reappointed by Governor Romer. The.Councilwill.not take action on endorsing the Standards until August, 1991. Following the Council's action, this Introduction will be replaced with a letter from the Executive Director of the Department of Public Safety. As -with Standards for Residential services, local Community Corrections Boards have the statutory authority to also set standards for programs within their jurisdictions and may set standards that exceed these State Standards. :The State wi-it-:consider waivers to individual standards only if local programs have first presented their waiver request to their local board. If the request, which fully explains and justifies the exception, is approved by the local board it may then -'be submitted to the Division of Criminal Justice for consideration. Local Community Corrections programs should implement these Standards during the first quarter of the Fiscal Year (July through September, 1991). Program Directors should advise their local Board and the Division of Criminal Justice by July 20 of the date of implementation and conversion to billings under these Standards. These Standards are intended to provide more consistency to • supervision and :services of Non -Residential programs. The record keeping and billing process should be streamlined to focus more of the resources on services and less on bureaucratic paperwork. Program staff should refer to DCJ's memo "INSTRUCTIONS FOR NON-RESIDENTIAL PROGRAMS" for information on billings and payments for services. Larry Linke Program Administrator 971:12S COLORADO COMMUNITY CORRECTIONS NON-RESIDENTIAL PROGRAM STANDARDS A. Administration and Organization A.1: Agency Structure .Public or -.private -agencies may be designated to .rovide non-residential community corrections services. Agencies will maintain a file at the main business office that includes: a._.Public Agencies . 1) The executive or legislative order of the unit of local government designating the agency as a community corrections program. 2) An organizational chart indicating the agency's position within local government and a listing of the administrative officer(s) authorized to act as the legal agent(s) of the agency. b. -Private Agencies 1) Certificate and articles of incorporation. 2) List of the Board of Directors. 3) Corporation By -Laws and names of officers authorized to sign contracts or authorize .expenditures. A.1.2. A current internal organization chart will be maintained and made available at the business office that demonstrates the lines of authority and agency structure, listing each position within the organization that is involved in the community corrections program. A.1.3. Agency administrator(s) meet at least annually with the governing body of the agency (e.g., board of • directors for private agencies or county commission for public agencies) to review policies and maintain communication lines. Records of such meetings are maintained at the business office. - 1- 1.2 Policy and Procedure 1.2.1. The agency will maintain a policy and procedure manual, accessible to all staff, which is reviewed and updated at least annually by the agency administrator(s) and/or governing body. 1.2.2. A system is outlined in the manual to insure that changes in agency policy or procedure are reviewed, prior to their implementation, with any state agency or community board affected by the changes. 1.2.3. The manual shall address all requirements, programs, or services delineated by these standards. 1.2.4. The manual outlines a system of regular internal monitoring ands -auditing of the. operations and programming of the agency, including monthly meetings between administrators and supervisors with those directly under their span of control. 1.3. Personnel 1.3.1. Theagency shall maintain written personnel policies available to all staff and accessible to employees at their work site. The policies shall address hiring practices, promotions, grievance procedures, staff development, performance appraisals, benefits, disciplinary procedures and terminations. A.3.2. The agency will implement and maintain policy and procedures for screening and hiring staff, as well as awarding. internal promotions, that assure equal employment opportunities and prohibits any discrimination based on sex or race. 1.3.3. Written job descriptions will be maintained for agency positions. Descriptions will include titles; qualifications, salary ranges, responsibilities and duties. 1.3.4. Before staff applicants are hired, a background investigation will be conducted to verify compliance with job qualifications. A criminal record check will also be conducted and no applicant with any felony or misdemeanor conviction will be employed prior to notification to the local Community Corrections Board and the Division of Criminal Justice. No applicant shall be hired who`is under current supervision or jurisdiction for parole, probation or other conditional release for a felony or misdemeanor offense. - 2 - A.3.5. A personnel file will be maintained for each employee that contains records•of the background investigation, dates of employment, training records, performance objectives and appraisals (conducted at least annually), disciplinary actions, commendations, and related information. Personnel files will be accessible to the employee, Department of Corrections, local Probation Department, Division of Criminal Justice, and local Community Corrections Boards approving placements in the program. A.3.6. All nrognm staff :(excluding clerical, support staff, etd.) will receive at least 20 hours of formal training or supervised."on-the-job" training, including a documented review. of the aaency policies and procedures, before receiving an independent work assignment. Exceptions can be made for transfers or new employees with prior experience at similar positions. Provision of this orientation will be documented in training or personnel files. A.3.7. Following. orientation, all program staff will receive at least 40 hours of job -related training annually. A.3.8. The agency administrator shall have a baccalaureate degree in social or behavioral sciences, criminal justice, business or public administration, or related fields; or four years of. prior supervisory experience. A.3.9. A conflict of interest policy will be established for all personnel or agents of the agency having contact with offenders. The policy will insure that no person associated or employed with the agency uses their position to secure privileges or advantages, or engages in any activities that conflict with the interests of community corrections boards, criminal justice agencies, or units of federal, state and local government. At a minimum, this policy shall incorporate the following points: A. Agency staff shall not display favoritism or preferential treatment for one offender, or group of offenders, over another. b. Agency employees or agents may interact with offenders only in professional relationships that support the approved goals of the agency and community corrections. Specifically, staff and agents must never accept for themselves or any family members any personal (tangible or - 3 - intangible) gifts, favors or services from an offender or relative or associate of an offender, no matter how trivial the offer may appear. All staff are required to report to the agency director any violation or attempted violation of these restrictions. In addition, no staff shall give any gifts, favors or services to offenders or to relatives or associates of offenders. c. No agency employee or agent shall enter into any business relationship with offenders or relatives or associates of offenders in the program. This restriction includes hiring offenders, selling,. buying or trading properties or.items.with offenders or relatives or associates of offenders in the program. . d. No agency staff or agents shall have any contact with offenders or relatives or associates of offenders outside those activities that are an approved, integral part of the agency program and defined in the employee's job description and agency policy and procedures. This excludes incidental contacts. e. Agency employees and agents may not engage in any conduct which is criminal in nature or which would bring discredit upon the agency. The agency shall insure that the conduct of all employees is above reproach, avoiding misconduct and the appearance of misconduct. A.3.10. If any employee or agent of the agency is arrested or charged with a felony or misdemeanor offense, violates the above conflict of interest standards, or engages in unethical relationships with offenders, an agency representative will immediately notify by telephone the local Community Corrections board and the Division of Criminal Justice. A written report containing details of the incident will also be submitted within 72 hours of the phone call. If the incident involves offender(s), the referring criminal justice agency will be notified in a similar manner. A.4. Fiscal Management A.4.1. The agency is responsible for the preparation of an annual budget that is reviewed and approved by the agency's governing body. The budget will be prepared at the beginning of their fiscal year. Agency policy and procedure will define methods for managing - 4 - 971." S agency funds and resources, and preparation of financial reports to the governing body. 1.4.2. Written policies and procedures will specify the agency's methods for receiving, maintaining, and dispersing all funds. Recognized accounting procedures will be employed to provide audit trails of all transactions. 1.4.3. Written policy and procedure will identify staff responsible for, and methods to manage, all separate accounts such as general operating funds, salaries and wages, petty cash and offender accounts. A.4.4. Proof of insurance coverage and fidelity bonds as required by community corrections contracts will be maintained at the agency business office. 1.4.5. An independent audit review of the agency fiscal management systems shall be conducted annually. 1.4.6. Individual records or files will be maintained for all offenders that record financial transactions with offenders. Offenders shall receive receipts for all authorized payments for fees, services, restitution, fines or similar transactions. Offenders shall also receive, at least quarterly, statements that summarize the status of their accounts and be issued a final financial statement within 30 days of termination from the program. (NOTE: Depending on local practices, some payments for fines or restitution may be made directly to the court and monitored by the agency. Financial statements are required only for those transactions directly between the offender and the agency.) B. Case Management, Programs and Services B.1. Acceptance Criteria and Case Movement B.1.1. Each program will establish written criteria or guidelines governing the acceptance or rejection of offenders into non-residential supervision. Current copies of those guidelines will be provided to the local Community Corrections Board, Chief Probation Officer of judicial districts referring offenders to the program, Department of Corrections, and the Chair of the State Parole Board. 8.1.2. Each program will develop written policy and procedures governing the transfer of offenders between - 5 - 971.1_25 .. residential and non-residential supervision. The procedures that result in transfers from non- residential to residential levels will provide due process for the offenders affected by the transfers. Copies of current policies and procedures will be provided to any criminal justice agency placing offenders in the program. B.1.3. Each program will establish written policy and procedures governing the movement of offenders through various levels of non-residential supervision. Issues such as time frames and completion of program expectations will be addressed in these guidelines. B.1.4. Programs will provide a written response to the agency referring offenders to the program within two weeks of the receipt of such referral. The response will indicate acceptance, rejection or need for additional information. B.1.5. Screening criteria shall prohibit discrimination on the basis of race, creed, sexual preference and national origin. B.1.6. Programs will receive an offender only if: a: The local Community Corrections Board has approved the placement or the offender meets eligibility requirements, and b. A court order or mittimus has been issued specifying the offender's sentence to community corrections, directly or as a condition of probation, or c. A transfer order has been issued from the Department of Corrections, or d. The Parole Board has specified placement as a condition of parole. B.2. Intake B.2.1. As soon as possible, but within one week of placement in a non-residential program, each offender will receive written program rules and regulations and information regarding the disciplinary actions that may be taken for violations of the rules. The offender will sign a written agreement to acknowledge understanding of these conditions. A copy of the agreement, signed and dated by the offender and witnessed by program staff, will be maintained in the offender's file. - 6 - 971128 B.2.2. Each offender will be interviewed within 14 days of placement in a non-residential program to identify individual problems, determine specific program objectives, and to establish a supervision plan. An objective, uniform format shall be used to complete the assessments that lead to formation of an individualized plan. The plan will identify the role of both the offender and the program staff in accomplishing the objectives of the plan. The offender's review of the plan will be documented by the date and signature of the offender and a witnessing staff member. . B.2.3. Written policy and procedures shall govern the confidentiality of individual case records. Issues such as offender. access to records.. staff access, and release of information to third parties will be addressed. Maintenance of offender records will comply with Colorado statutes (C.R.S. 24-72-301). B.2.4. A "Release of Information Consent Form" will be signed by an offender before the release of specific information concerning that offender is released to third parties, other than authorized representatives of criminal justice or oversight agencies. Copies of consent forms will be maintained in offender files. B.3. Case Management B.3.1. The individualized plan (see B.2.2.) completed at intake will address and prioritize the following: a. Minimum supervision and contact levels, b. Frequency and type of substance abuse testing, c. Employment or vocational assistance, d. Educational assistance, e. Mental health services, f. "Life skills" training, g. Substance abuse treatment, h. Financial management, i. Special conditions determined by the referral agency or local board. s,.+ 1 n8 8.3.2. Case management of offenders will reflect equal access to the services offered by the program. 8.3.3. On the basis of the offender's risk of reoffending, need for services and adjustment to supervision, each offender will be assigned to one of the following levels of supervision: 1. Intensive 2. Regular 3. Minimum 4. Administrative Monthly service standards for the levels shall be: Seryicg / Personal Contacts Phone Contacts Employment Verifications Home Visits Drug Testing Alcohol Use Testing Restitution Monitoring Level j. 2 3 4 6 4 2 1 2 2 1 * (NfTE: Any service frequency listed as "*" above shall be conducted at least once each quarter.) 8.4. Programs and Services 8.4.1. Testing for drug use will be conducted at frequencies listed in B.3.3. Each test will consist of a urine sample tested for at least two controlled substances (cocaine metabolite, THC, amphetamines, opiates, and barbiturates). Individual assessment of substance abuse history, results of prior testing, and similar risk factors shall guide frequency and types of tests administered. Testing may be waived at the request or approval of the probation or parole officer of the referring agency. 8.4.2. Written policy and procedure shall govern the collection, storage, and processing of all drug and alcohol use testing. 8.4.3. Each offender shall have access to employment - 8 - oral.," A 1) services that include screening for aptitude and job skills, referral to local job service centers or employment placement, and training for job application and interview procedures. B.4.4. Each offender's educational status will be reviewed to determine if attendance in Adult Basic Education (ABE) or General Equivalency Degree programs is appropriate. Information regarding ABE services will be made available to all illiterate offenders, with information on costs, locations, and enrollment procedures. 8.4.5. A current listing of mental health services or centers within the community will be maintained as resource agencies for any offender required to participate in such programs by the referring agency or local board. B.4.6. Each program will maintain the in-house capability, or identify outside resources, to assist offenders with problems such as finding housing, domestic relationships, parenting, anger management, or other life skills identified during assessment of non- residential supervision. 8.4.7.- Each offender's substance abuse history will be reviewed to determine treatment needs. Substance abuse counseling shall be provided only by individuals certified at counseling levels II or III (or persons in the formal process of that certification) by the Colorado Alcohol and Drug Abuse Division. Recognized support groups such as Alcoholics Anonymous shall also be made available for offenders. 8.4.8. A financial management plan will be developed for each offender that prioritizes the offender's financial obligations and establishes a budget for addressing those obligations. 8.4.9. For each special condition required by the referring agency or community corrections board, specific timelines and incremental measures shall be established to document compliance with -the requirement. B.S. Case Records and Reporting 8.5.1. A summary of the individualized assessment and supervision plan will be forwarded within 30 days of placement in non-residential supervision to the - 9 - e -y -J 4 1 probation or parole officer of the referring agency, unless otherwise directed by that agency. B.5.2. Program staff or administrators will review the plan and progress notes on a monthly basis of offenders in Intensive or Regular levels of supervision, or quarterly of offenders in Minimum or Administrative levels. That review will note progress, problems, or needs for revisions to'the supervision plan. 8.5.3. Any modifications to the supervision plan or expectations of the offender will be personally reviewed with the offender and a written record of the modifications will be made in the case file, signed and dated by the offender and a staff member. B.5.4. Progress reports will be made at least every six months for offenders placed in non-residential supervision, unless otherwise agreed or requested by the referring agency. B.5.5. Upon any negative termination of an offender from non-residential supervision, a report will be submitted within five working days to. the probation or parole officer. of the referring agency. The referring agency may request the negative termination report sooner -if individual circumstance dictate. The report shall summarize the progress made, or problems encountered, in implementing the supervision plan, .explain the factors leading to termination, and report on the offender's status and location. B.5.6. Upon successful termination or transfer of an offender out of the program, a report shall be submitted within ten days of the termination to the probation or parole officer of the referring agency. The report shall summarize the progress made, or problems encountered, in implementing the supervision plan. B.5.7. Agency policy and procedure shall define the types of incidents (arrest, health problems, weapons possession, media attention, etc.) that require notification to the referral or contracting agencies 8.5.8. Individual case records and files will be maintained in secure storage, disclosed only in compliance with relevant privacy and security laws. Written policy and procedure shall govern confidentiality of records, client and staff access, and release of information. - 10 - 971:_73 8.5.9. Each case file shall include, at a minimum, the following information that is uniformly filed and kept current: a. Commitment documents from the referring agency, b. Proof of eligibility or acceptance by the local community corrections board, c. Individual case assessment and supervision plans, d. Release of information and other consent forms, e. Chronological entries noting case management developments, f. Information relating to employment of the offender, earnings, fees, and other payments related to the case, g - Copies of disciplinary actions and grievances, h. Copies of general correspondence, progress reports, and other documents related to the case, and i. Incident reports and termination reports and notices. B.5.10. Case files, logs, and other records related to non-residential supervision of an offender shall be kept in secure storage for at least five years after discharge from the program. Disposal of records shall be completed in a manner that insures complete destruction and maintains confidentiality of the information. B.6. Miscellaneous B.6.1. Subject to necessary approval of the referring agencies, policy and procedures shall define and specify those conditions that constitute absconding from the program and the follow-up measures for reporting absconding to authorities. B.6.2. Grievances or complaints from offenders will be processed without delay or modification through a process defined in agency policy and procedure. Records of all complaints or grievances, and the outcome, will be kept in case files. 971.1_?, S B.6.3. Agency policy and procedures will define when offenders in non-residential supervision will be permitted to drive and use privately owned vehicles. The policy and procedure shall include verification of a valid driver's license and proof of current insurance. Any offender rated "high risk" by an insurer shall be allowed to drive only if approved by the referring agency. - 12 - 971:12p p STATE OF COLORADO DEPARTMENT OF CORRECTIONS Division of Community Corrections 710 Kipling Street, 4200 Lakewood, Colorado 80215 Phone: (303) 239-5420 Fax: (303) 239-5445 June 4, 1997 Barbara J. Kirkmeyer Weld County Community Corrections Board P.O. Box 758 Greeley, Colorado 80632 Dear Mrs. Kirkmeyer, Roy Romer Governor Aristedes W. Zavaras Executive Director The Department of Corrections (DOC), Division of Community Corrections proposes to contract with your board to provide Inmate Intensive Supervision Program (ISP) services as defined pursuant section 17-27.5-101 © for FY 1997-98 beginning July 1, 1997, through June 30, 1998. Legislation passed in the 1996 session, HB 96-1289, transfers the program funding and the contracting responsibility for statewide Inmate Intensive Supervision Program (ISP) services from the Department of Public Safety, Division of Criminal Justice (DCJ) to the Division of Community Corrections. Attached is a contract for ISP services for your signature. We have allocated $39,600 to your board to fund ISP inmate services for FY 1997-98. Provision 1.A.5 on page 4 of the contract allows the board to use up two (2) percent of the funds to administer contracts and payments to approved subcontractors/services providers. To finalize the contract for FY 1997-98 the attached contracts need to be signed on page 12 by a person authorized to bind contract agreements for your agency and the insurance certificate needs to be provided for your agency. Please return all of the original six (6) signed copies, with insurance certificate, to our office as soon as possible at the following address. Colorado Department of Corrections Division of Community Corrections 710 Kipling Street, Suite 200 Lakewood, CO. 80215 Attention: Mark Wismar 9711 23 Weld County Community Corrections Board Page 2 June 4, 1997 If you have questions or need assistance please contact "Bobbie" Monchak at 239-5433 or Mark Wismar at 239-5432. When we receive your signed contracts, we will forward them to DOC Headquarters to obtain the other required signatures. When the contracts have been signed by all parties you will receive copies for your records. Please provide a copy of the insurance certificate(s) for your subcontractors as soon as possible. The billing form that your board will be using for the July 1997 billings is attached as contract Exhibit B. Copies of these forms are available from the Division of Community Corrections. We look forward to working with you in FY 1997-98. Sincerely, ems--emu--- J eene Miller, Director vision of Community Corrections Department of Corrections ;u NINETEENTH JUDICIAL DISTRICT WELD COUNTY COMMUNITY CORRECTIONS BOARD MEMO DATE: June 9, 1997 TO: Bruce Barker, County Attorney FROM: Jan Allison Spangler, Administrative Coordinatoj SUBJECT: Department of Corrections, ISP Inmate Contract Attached please find six copies of the contract I received from the Department of Correction (DOC) for Inmate Intensive Supervision Program (ISP)services. I have also attached a copy of the letter dated June 4, 1997, from Jeaneene Miller, Director of the Division of Community Corrections. This will be the second year the Weld County Community Corrections Board has received this contract. The only change I could find was on page 8, item "C" Independent Contractor. Please review the contract. I would like to put the approval and signing of the contract on the Board of County Commissioners Agenda for June 16, 1997. I also think that the Board of County Commissioners on behalf of the Weld County Community Corrections Board should have a formal subcontract with The Villa At Greeley for these Inmate ISP services. This would be similar to the Agreement for Non -Residential Intensive Supervision Services Program, that the Board presently has with the Residential Treatment Center for Parole ISP services. The approval and signing of this agreement and the contract could be on the same Commissioners Agenda. 971129 Should you have any questions, please call me at extension 4848. 971128 Hello